Harvard law professor Laurence Tribe warns, "Adopting the independent state legislature theory would amount to right-wing justices making up law to create an outcome of one-party rule." Sen. Sheldon Whitehouse predicts, "If accepted, this extreme theory would lay the groundwork to allow rogue state legislatures to overturn the will of the people in future elections." The Democratic Association of Secretaries of State issued the following hysterical statement: "The Supreme Court's decision to hear the 'independent state legislature' theory behind the Moore v. Harper case brings us one step closer to a judicial coup."
I]n the Constitutions of several of the 36 states named in the proclamation of the Secretary of State there are provisions which render inoperative the alleged ratifications by their Legislatures.
The function of a state Legislature in ratifying a proposed amendment to the federal Constitution, like the function of Congress in proposing the amendment, is a federal function derived from the federal Constitution; and it transcends any limitations sought to be imposed by the people of a state.
A lower court nonetheless upheld the map, but the state's Democrat-dominated Supreme Court reversed that ruling and usurped the legislature's redistricting function.
This illustrates the actual reason Democrats object to ISL. It would clip the wings of the flying monkeys by depriving them of the ability to weaponize state courts against duly elected legislatures.
The theory interprets the word "Legislature" in the U.S. Constitution to mean that state legislatures - and only state legislatures - can make laws regulating federal elections.
If the North Carolina legislature prevails in Moore v. Harper, it will become far more difficult for state courts or officials to meddle with election laws passed by duly elected state legislatures.
https://spectator.org/democrats-discover-another-threat-to-democracy/
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